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Extract to table / fair-use-defense-strategy-memo.docx
fair-use-defense-strategy-memo.docx
Parties
HARKNESS LLP
Creation Analysis Luminos Interactive LLC
Redstone Gaming Corp
Luminos Interactive LLC
Whitmore LLP
Brindoval Forensic Consulting LLC
Evergreen Valuation Group LLC
The Parties Redstone Gaming Corp
Dates
April 15, 2024
March 18, 2024
November 14, 2022
March 22, 2021
June 8, 2021
February 12, 2020
April 22, 2024
May 6, 2024
May 20, 2024
Amounts
$28,500,000
$312
$1.87
$6.4
$2.1
$24.99
$4.62
$312,000,000
$750
$30,000
Obligations
1 million — is a factor we must be mindful of throughout this litigation
While the disparity has no bearing on the legal merits of the copyright claims, it has the potential to generate sympathetic framing for Luminos before both the Court and any future jury, and our strategy must account for this dynamic
Metadata Verification — Recommendation to Retain Brindoval Forensic Consulting LLC While the independent-creation evidence is strong on its face, we must ensure that it is presented in a form that is forensically authenticated and admissible at summary judgment and trial
If Luminos's counsel challenges the authenticity of the development records — arguing, for example, that commits were backdated or that the repository was altered — we must be prepared with expert testimony establishing that the metadata is genuine and unmodified
Preliminary inquiries with Jordan Kessler and Seo-Yeon Park indicate that neither was aware of Shardfall Chronicles during the development of Ironclad Dominion, although we must confirm this through more detailed investigation and prepare for the possibility that other members of the development team may have encountered the game
Following Warhol, we must also assess whether the use serves a "fundamentally different and new" purpose from the original